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2026 DAILYLAW 36747 (CHH)

KALA KANHU @ KANHA TANDI v. STATE OF CHHATTISGARH

MCRC/8436/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010352082026 2026:CGHC:41362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8436 of 2026 1 - Kala Kanhu @ Kanha Tandi Son Of Khira Sindhu Tandi, Aged About 24 Years Resident of Ward No. 2, Harijanpara, Salhekela P.S. Boden District Nuwapada Orissa. ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Devbhog, District Gariyaband (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-Applicant : Mr. Kanwaljeet Singh Saini, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant for grant of regular bail, who has been arrested in connection with Crime No. 103/2026 registered at Police Station Devbhog, District Gariyaband (C.G.) for offences punishable under Sections 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 2. The case of the prosecution, in brief, is that on 03.04.2026, acting upon secret informant information that the applicant was actively engaged in the illicit sale of contraband Ganja, the police party conducted a raid on the spot. During the search, contraband Ganja weighing 25 kg was seized from the possession of the present applicant at open place. Consequently, Crime No. 103/2026 was registered, and the applicant was taken into custody on 03.04.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is argued that Digitally signed by JYOTI JHA Date: 2026.09.24 12:10:07 +0530 2 the applicant has been in jail since 03.04.2026. It is further submitted that the investigation has been completed, the charge-sheet has already been filed. The applicant is ready to abide by all stringent terms and conditions that may be imposed by this Court, and there is no likelihood of absconding or tampering with evidence; thus, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that 25 Kg of ganja has been seized from the possession of the applicant, which is a commercial quantity. He would further submit that the charge-sheet has already been filed. Hence, the bail application is liable to be dismissed. 5. Heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact that the quantity of contraband article, i.e. 25 Kg of ganja, is commercial quantity, and the applicant has failed to give any explanation for the same, and further that it cannot be said to be a case of false implication, coupled with the fact that the charge- sheet has already been submitted, the bail application filed by the applicant is rejected at this stage. 7. It is made clear that the observations made hereinabove are solely for the purpose of deciding this bail application and shall not affect the merits of the trial. The learned Trial Court shall proceed with the trial expeditiously on its own merits in accordance with law. Sd/- Rakesh Mohan Pandey JUDGE Jyoti